Or. Admin. Code § 411-320-0030 - Organization and Program Management
(1) ORGANIZATION AND INTERNAL MANAGEMENT. A
CDDP must have written standards governing the operation and management of the
CDDP. The standards must be up to date, available upon request, and include all
of the following:
(a) An up-to-date
organization chart showing lines of authority and responsibility from the LMHA
to the CDDP manager and the components and staff within the CDDP.
(b) Position descriptions for all staff
providing community developmental disabilities services.
(c) Personnel policies and procedures
concerning:
(A) Recruitment and termination of
employees.
(B) Employee
compensation and benefits.
(C)
Employee performance appraisals, promotions, and merit pay.
(D) Employee development and
training.
(E) Employee conduct,
including the requirement that abuse of an individual by an employee, staff, or
volunteer of the CDDP is prohibited and is not condoned or tolerated.
(F) Reporting of abuse, including the
requirement that as a mandatory reporter any employee of the CDDP must report
incidents of abuse when the employee comes in contact with and has reasonable
cause to believe that an individual has suffered abuse. Notification of
mandatory abuse reporting status must be made at least annually to all
employees.
(2) MANAGEMENT PLAN. A CDDP must maintain a
current management plan assigning responsibility for the program management
functions and duties described in this rule. The management plan must:
(a) Consider the unique organizational
structure, policies, and procedures of the CDDP;
(b) Assure that the functions and duties are
assigned to people who have the knowledge and experience necessary to perform
them, as well as ensuring that the functions are implemented; and
(c) Reflect implementation of the minimum
quality assurance activities described in OAR
411-320-0045 that support the
Department's Quality Management Strategy as defined in OAR
411-320-0020.
(3) PROTECTING INDIVIDUAL RIGHTS.
A CDDP must have and implement written policies and procedures that protect the
individual rights described in OAR
411-318-0010.
(4) PROGRAM MANAGEMENT.
(a) Staff delivering developmental
disabilities services must be organized under the leadership of a designated
CDDP manager and receive clerical services sufficient to perform their required
duties.
(b) An LMHA, public entity,
or a public or private corporation operating a CDDP must designate a full-time
employee who must, on at least a part-time basis, be responsible for management
of developmental disabilities services within a specific geographic service
area.
(c) In addition to other
duties as may be assigned in the area of developmental disabilities services, a
CDDP must at a minimum develop and assure all of the following:
(A) Implementation of plans as may be needed
to provide a coordinated and efficient use of resources available to serve
individuals.
(B) Maintenance of
positive and cooperative working relationships with legal and designated
representatives, families, providers, brokerages, the Department, local
government, and other state and local agencies with an interest in
developmental disabilities services.
(C) Implementation of programs funded by the
Department to encourage pursuit of defined program outcomes and monitor the
programs to assure service delivery that complies with related contracts and
applicable local, state, and federal requirements.
(D) Collection and timely reporting of
information as may be needed to conduct business with the Department including,
but not limited to, information needed to license foster homes, collect federal
funds supporting services, and investigate complaints related to services or
suspected abuse.
(E) Use of
procedures that attempt to resolve complaints involving individuals or
providers that are associated with developmental disabilities
services.
(5)
QUALIFIED STAFF. A CDDP must provide a qualified CDDP manager, services
coordinator, eligibility specialist, designated referral contact, assessor,
abuse investigator specialist for adults with intellectual or developmental
disabilities, and foster care licensing and certification specialist. A CDDP
may have an agreement with another case management entity to provide a
qualified eligibility specialist, designated referral contact, assessor, abuse
investigator specialist for adults with intellectual or developmental
disabilities, or foster care licensing and certification specialist.
(a) CDDP MANAGER.
(A) A CDDP manager must have knowledge of the
public service system for developmental disabilities services in Oregon and at
least one of the following:
(i) A bachelor's
degree in behavioral science, social science, health science, special
education, public administration, or human service administration and a minimum
of four years of experience with at least two of those years of experience in
developmental disabilities services that provided recent experience in program
management, fiscal management, and staff supervision.
(ii) Six years of experience with staff
supervision.
(iii) Six years of
experience in technical or professional level staff work related to
developmental disabilities services.
(B) On an exceptional basis, a CDDP may hire
a person who does not meet the qualifications in subsection (A) of this section
if the county and the Department have mutually agreed on a training and
technical assistance plan that assures that the person quickly acquires all
needed skills and experience.
(C)
When the position of a CDDP manager becomes vacant, an interim CDDP manager
must be appointed to serve until a permanent CDDP manager is appointed. A CDDP
must request a variance as described in section (8) of this rule if the person
appointed as interim CDDP manager does not meet the qualifications in
subsection (A) of this section and the term of the appointment totals more than
180 calendar days.
(b)
CDDP SUPERVISOR.
(A) A CDDP supervisor (when
designated) must have knowledge of the public service system for developmental
disabilities services in Oregon and at least one of the following:
(i) Five years of experience with staff
supervision.
(ii) Five years of
experience in technical or professional level staff work related to
developmental disabilities services.
(B) A bachelor's degree or equivalent course
work in a field related to management such as business or public
administration, or a field related to developmental disabilities services may
be substituted for up to three years required experience.
(c) SERVICES COORDINATOR. A services
coordinator must meet the qualifications for a case manager described in OAR
411-415-0040.
(d) ELIGIBILITY SPECIALIST AND DESIGNATED
REFERRAL CONTACT. An eligibility specialist and a designated referral contact
must have knowledge of the public service system for developmental disabilities
services in Oregon and at least one of the following:
(A) A bachelor's degree in behavioral
science, social science, or a closely related field.
(B) A bachelor's degree in any field and one
year of human services related experience.
(C) An associate's degree in behavioral
science, social science, or a closely related field and two years of human
services related experience.
(D)
Three years of human services related experience.
(e) ASSESSOR. An assessor must meet the
qualifications described in OAR
411-425-0035.
(f) ABUSE INVESTIGATOR SPECIALIST. An abuse
investigator specialist must have at least one of the following:
(A) A bachelor's degree in human science,
social science, behavioral science, or criminal science and two years of human
services, law enforcement, or investigative experience.
(B) An associate's degree in human science,
social science, behavioral science, or criminal science and four years of human
services, law enforcement, or investigative experience.
(g) FOSTER CARE LICENSING AND CERTIFICATION
SPECIALIST. A foster care licensing and certification specialist must have
knowledge of the public service system for developmental disabilities services
in Oregon and at least one of the following:
(A) A master's degree in social
work.
(B) A bachelor's degree in
behavioral science, social work, social science, or a closely related
field.
(C) A bachelor's degree in
any field and one year of human services related experience, such as work
providing assistance to people and groups with economical disadvantages,
employment, abuse and neglect, substance abuse, aging, disabilities,
prevention, health, cultural competencies, or housing.
(D) An associate's degree in a behavioral
science, social science, or a closely related field and two years of human
services related experience, such as work providing assistance to people and
groups with economical disadvantages, employment, abuse and neglect, substance
abuse, aging, disabilities, prevention, health, cultural competencies, or
housing.
(E) Three years of human
services related experience, such as work providing assistance to people and
groups with economical disadvantages, employment, abuse and neglect, substance
abuse, aging, disabilities, prevention, health, cultural competencies, or
housing.
(6)
EMPLOYMENT APPLICATION. An application for employment at a CDDP must inquire
whether an applicant has had any founded report of child abuse or substantiated
adult abuse.
(7) BACKGROUND CHECKS.
(a) An employee, volunteer, advisor of a
CDDP, or any subject individual as defined in OAR
407-007-0210, including staff
who are not identified in this rule but use public funds intended for the
operation of a CDDP, who has or will have contact with a recipient of CDDP
services, must have an approved background check in accordance with OAR
407-007-0200 through
407-007-0370 and ORS
181A.200.
(A) A CDDP may not use public funds to
support, in whole or in part, any employee, volunteer, advisor of the CDDP, or
any subject individual as defined in OAR
407-007-0210, who shall have
contact with a recipient of CDDP services and who has been convicted of a
disqualifying crime in ORS
443.004.
(B) A person does not meet the qualifications
described in this rule if the person has been convicted of a disqualifying
crime in ORS 443.004.
(C) Any employee, volunteer, advisor of a
CDDP, or any subject individual as defined in OAR
407-007-0210, must self-report
any potentially disqualifying crime in accordance with OAR
407-007-0281 or potentially
disqualifying condition in accordance with OAR
407-007-0290. The person must
notify the Department or the Department's designee within 24 hours.
(b) Subsections (A) and (B) of
section (a) do not apply to employees who were hired prior to July 28, 2009
that remain in the current position for which the employee was hired.
(8) VARIANCE. A CDDP must submit a
written variance request to the Department prior to employing a person not
meeting the minimum qualifications in section (5) of this rule. A variance
request may not be requested for sections (6) and (7) of this rule. The written
variance request must include all of the following:
(a) An acceptable rationale for the need to
employ a person who does not meet the minimum qualifications in section (5) of
this rule.
(b) A proposed
alternative plan for education and training to correct the deficiencies.
(A) The proposal must specify activities,
timelines, and responsibility for costs incurred in completing the alternative
plan.
(B) A person who fails to
complete the alternative plan for education and training to correct the
deficiencies may not fulfill the requirements for the qualifications.
(9) STAFF DUTIES.
(a) SERVICES COORDINATOR DUTIES. The duties
of a services coordinator must be specified in the employee's position
description and at a minimum include all of the following:
(A) The delivery of case management services
to individuals as described in OAR chapter 411, division 415.
(B) Assisting the CDDP manager in monitoring
the quality of services delivered within the county.
(C) Assisting the CDDP manager in the
identification of existing and insufficient service delivery resources or
options.
(b) ELIGIBILITY
SPECIALIST DUTIES. The duties of an eligibility specialist must be specified in
the employee's position description and at a minimum include all of the
following:
(A) Completing intakes and
eligibility determinations for individuals applying for developmental
disabilities services.
(B)
Completing eligibility redeterminations for individuals requesting continuing
developmental disabilities services.
(C) Assisting the CDDP manager in the
identification of existing and insufficient service delivery resources or
options.
(c) DESIGNATED
REFERRAL CONTACT DUTIES. The duties of a designated referral contact must be
specified in the employee's position description and at a minimum include all
of the following:
(A) Assisting with
coordination of the activities related to the entry of an individual into a
residential setting.
(B) Assisting
providers to maintain their inventory of available residences using the vacancy
tool provided by the Department and providing technical assistance to providers
on using the vacancy tool when needed.
(C) Making information about residential
setting options available to an individual who is looking for a residential
setting, or as applicable the individual's legal or designated
representative.
(D) Supporting case
managers to identify local and statewide residential setting options. The
designated referral contact is the liaison to the Department for issues related
to residential setting entries.
(E)
Assisting the CDDP manager and local and statewide licensing and certification
entities in the identification of existing and insufficient service delivery,
trainings, rule compliance, resources, or options.
(F) Assisting providers within the county to
assess referrals the provider receives for goodness of fit.
(d) ASSESSOR DUTIES. The duties of
an assessor must be specified in the employee's position description and at a
minimum include conducting Oregon Needs Assessments as described in OAR chapter
411, division 425.
(e) ABUSE
INVESTIGATOR SPECIALIST DUTIES. The duties of an abuse investigator specialist
must be specified in the employee's position description and at a minimum
include all of the following:
(A) Conducting
abuse investigation and protective services for adult individuals with
intellectual or developmental disabilities enrolled in, or previously eligible
and voluntarily terminated from, developmental disabilities services.
(B) Assisting the CDDP manager in monitoring
the quality of services delivered within the county.
(C) Assisting the CDDP manager in the
identification of existing and insufficient service delivery resources or
options.
(f) FOSTER CARE
LICENSING AND CERTIFICATION SPECIALIST DUTIES. The duties of a foster care
licensing and certification specialist must be specified in the employee's
position description and at a minimum include all of the following:
(A) In coordination with the Department,
assisting in the initial licensing and certification and renewals of licenses
and certifications of local adult foster homes as described in OAR chapter 411,
division 360 and children's foster homes as described in OAR chapter 411,
division 346.
(i) Assuring completed
application forms from applicants are submitted to the Department.
(ii) Completing and submitting inspection
reports.
(iii) Completing and
submitting background checks, as needed.
(iv) Making test sites available,
administering tests provided by the Department, and sending completed tests to
the Department for scoring.
(v)
Maintaining a link to the Adult Foster Home Training website where the Basic
Training Course, self-study manual, and associated information are maintained
and distributing information upon request.
(vi) Assisting in completing any other
information necessary for licensing or certifying homes.
(B) Completing foster home visits for rule
compliance, issuing violation citations, and monitoring for
correction.
(C) Coordinating the
recruitment, retention, placement, and training of foster providers.
(g) Staff must appear as a witness
on behalf of the Department during an informal conference and hearing when
required by the Department. Staff may not act as a representative for a
claimant during an informal conference and hearing.
(10) STAFF TRAINING. Qualified staff of a
CDDP must maintain and enhance their knowledge and skills through participation
in education and training. The Department shall provide training materials and
training may be conducted by the Department or CDDP staff, depending on
available resources.
(a) MANDATORY ABUSE
REPORTING. All CDDP staff must be trained on mandatory abuse reporting
annually. Training must be completed by using the training module in the
Department's learning management system (Workday) or by signature on a form
approved by the Department.
(b)
CDDP MANAGER AND SUPERVISOR TRAINING.
(A) A
CDDP manager and CDDP supervisor (when designated) must complete core
competencies for case management within the first year of entering into the
position.
(B) A CDDP manager and
CDDP supervisor (when designated) must continue to enhance their knowledge, as
well as maintain a basic understanding of developmental disabilities services
and the skills, knowledge, and responsibilities of the staff they supervise.
(i) A CDDP manager and CDDP supervisor (when
designated) must participate in a minimum of 20 hours per year of additional
Department-sponsored training or other training in the areas of intellectual or
developmental disabilities.
(ii) A
CDDP manager and CDDP supervisor (when designated) must attend trainings to
maintain a working knowledge of system changes in the area they manage or
supervise.
(c) SERVICES COORDINATOR TRAINING. A services
coordinator must participate in the case manager training described in OAR
411-415-0040.
(d) ELIGIBILITY SPECIALIST TRAINING. An
eligibility specialist must participate in a basic training sequence. The basic
training sequence is not a substitute for the normal procedural orientation
that must be provided by a CDDP to a new eligibility specialist.
(A) The orientation provided by a CDDP to a
new eligibility specialist must include all of the following:
(i) An overview of eligibility criteria and
the intake process.
(ii) An
overview of developmental disabilities services and related human services
within the county.
(iii) An
overview of the Department's rules governing the CDDP.
(iv) An overview of the Department's
licensing and certification rules for providers.
(v) An overview of the enrollment process and
required documents needed for enrollment into the Department's electronic
payment and reporting systems.
(vi)
A review and orientation of Medicaid, SSI, Social Security Administration, home
and community-based waiver and state plan services, and the medical assistance
programs delivered by the Oregon Health Authority.
(vii) A review (prior to having contact with
individuals) of the eligibility specialist's responsibility as a mandatory
reporter of abuse, including abuse of individuals with intellectual or
developmental disabilities, individuals with mental illness, older adults,
individuals with physical disabilities, and children.
(B) An eligibility specialist must attend and
complete eligibility core competency training within the first year of entering
into the position and demonstrate competency after completion of core
competency training. Until completion of eligibility core competency training,
or if competency is not demonstrated, the eligibility specialist must consult
with another trained eligibility specialist or consult with a Department
diagnosis and evaluation coordinator when making eligibility
determinations.
(C) An eligibility
specialist must continue to enhance their knowledge, as well as maintain a
basic understanding of the skills, knowledge, and responsibilities necessary to
perform the duties of their position.
(i) An
eligibility specialist must participate in Department-sponsored trainings for
eligibility on an annual basis.
(ii) An eligibility specialist must
participate in a minimum of 20 hours per year of Department-sponsored training
or other training in the areas of intellectual or developmental disabilities,
equity and diversity, mental health, or substance abuse.
(e) DESIGNATED REFERRAL CONTACT
TRAINING.
(A) The training for a designated
referral contact must include, at a minimum, all of the following:
(i) An overview of developmental disabilities
services and related human services within the county.
(ii) An overview of the forms and processes
for referrals to residential programs.
(iii) An overview of the Department's rules
governing the CDDP.
(iv) An
overview of the Department's licensing and certification rules for
providers.
(v) A review and
orientation of Medicaid, SSI, Social Security Administration, home and
community-based waiver and state plan services, and the medical assistance
programs delivered by the Oregon Health Authority.
(vi) A review (prior to having contact with
individuals) of the designated referral contact's responsibility as a mandatory
reporter of abuse, including abuse of individuals with intellectual or
developmental disabilities, individuals with mental illness, older adults,
individuals with physical disabilities, and children.
(B) A designated referral contact must
complete 20 hours of additional training each year to continue to enhance their
knowledge, as well as maintain a basic understanding of the skills, knowledge,
and responsibilities necessary to perform the duties of their
position.
(f) ASSESSOR
TRAINING. An assessor must participate in and complete the training described
in OAR 411-425-0035.
(g) ABUSE INVESTIGATOR SPECIALIST TRAINING.
An abuse investigator specialist must participate in core competency training.
Training materials are provided by OTIS. The core competency training is not a
substitute for the normal procedural orientation that must be provided by a
CDDP to a new abuse investigator specialist.
(A) The orientation provided by a CDDP to a
new abuse investigator specialist must include all of the following:
(i) An overview of developmental disabilities
services and related human services within the county.
(ii) An overview of the Department's rules
governing the CDDP.
(iii) An
overview of the Department's licensing and certification rules for
providers.
(iv) A review and
orientation of Medicaid, SSI, Social Security Administration, home and
community-based waiver and state plan services, the medical assistance programs
delivered by the Oregon Health Authority, and the individual support planning
processes.
(v) A review (prior to
having contact with individuals) of the abuse investigator specialist's
responsibility as a mandatory reporter of abuse, including abuse of individuals
with intellectual or developmental disabilities, individuals with mental
illness, older adults, individuals with physical disabilities, and
children.
(B) An abuse
investigator specialist must attend and pass core competency training within
the first six months of entering into the position and demonstrate competency
after completion of core competency training. Until completion of core
competency training, or if competency is not demonstrated, the abuse
investigator specialist must consult with OTIS prior to completing an abuse
investigation and protective services report.
(C) An abuse investigator specialist must
complete 20 hours of additional training each year to continue to enhance their
knowledge, as well as maintain a basic understanding of the skills, knowledge,
and responsibilities necessary to perform the duties of their position. An
abuse investigator specialist must participate in quarterly meetings held by
OTIS.
(h) FOSTER CARE
LICENSING AND CERTIFICATION SPECIALIST TRAINING. A foster care licensing and
certification specialist must participate in any Department required trainings.
(A) The orientation provided by a CDDP to a
new foster care licensing and certification specialist must include all of the
following:
(i) An overview of developmental
disabilities services and related human services within the county.
(ii) An overview of the Department's rules
governing the CDDP.
(iii) An
overview of the Department's licensing and certification rules for
providers.
(iv) A review of policy
and procedures that address conflict of interests, including the prohibition
against licensing or certifying a foster home in the following circumstances:
(I) While also providing case management
services to the individuals or children in the home.
(II) By a licensor or certifier who is
related by blood, marriage, or adoption to the foster care applicant or current
foster provider, or an individual or child to receive services in the foster
home.
(III) A local CDDP assessment
identifies a conflict of interest or appearance of conflict of
interest.
(B)
A review (prior to having contact with individuals) of the licensor and
certifier's responsibility as a mandatory reporter of abuse, including abuse of
individuals with intellectual or developmental disabilities, individuals with
mental illness, older adults, individuals with physical disabilities, and
children.
(i)
DOCUMENTATION OF TRAINING. A CDDP must keep documentation of required training
in the personnel files of each employee including the CDDP manager, CDDP
supervisor (when designated), services coordinator, eligibility specialist,
designated referral contact, assessor, abuse investigator specialist, foster
care licensing and certification specialist, and other employees providing
services to individuals.
(11) ADVISORY COMMITTEE. A CDDP must have an
advisory committee.
(a) The advisory committee
must meet at least quarterly.
(b)
The membership of the advisory committee must be broadly representative of the
community with a balance of age, gender, ethnic, socioeconomic, geographic,
professional, and consumer interests represented. Membership must include
advocates for individuals as well as individuals and the individuals'
families.
(c) The advisory
committee must advise the LMHA, CDDP director, and CDDP manager on community
needs and priorities for services, and assist in planning, reviewing, and
evaluating services, functions, duties, and quality assurance activities
described in the CDDP's management plan.
(d) When the Department or a private
corporation is operating the CDDP, the advisory committee must advise the LMHA,
CDDP director, and CDDP manager on community needs and priorities for services,
and assist in planning, reviewing, and evaluating services, functions, duties,
and quality assurance activities described in the CDDP's management
plan.
(e) The advisory committee
may function as the disability issues advisory committee as described in ORS
430.631 if so designated by the
LMHA.
(12) LOCAL NEEDS
ASSESSMENT, PLANNING, AND COORDINATION. Upon the Department's request, the CDDP
must assess local needs for services to individuals and must submit planning
and assessment information to the Department.
(13) FINANCIAL MANAGEMENT.
(a) There must be up-to-date accounting
records for each developmental disabilities service accurately reflecting all
revenue by source, all expenses by object of expense, and all assets,
liabilities, and equities. The accounting records must be consistent with
generally accepted accounting principles and conform to the requirements of
their contract with the Department.
(b) There must be written statements of
policy and procedure as are necessary and useful to assure compliance with any
Department administrative rules pertaining to fraud and embezzlement and
financial abuse or exploitation of individuals.
(c) Billing for Title XIX funds must in no
case exceed customary charges to private pay individuals for any like item or
service.
(14)
SUBCONTRACTING. When a county chooses not to operate a CDDP or a portion of a
CDDP, the county must comply with all subcontracting requirements of their
contract with the Department.
(15)
POLICIES AND PROCEDURES. There must be such other written and implemented
statements of policy and procedure as necessary and useful to enable a CDDP to
accomplish its service objectives and to meet the requirements of their
contract with the Department, these rules, and other applicable standards and
rules.
(a) A CDDP must have procedures for the
ongoing involvement of individuals and their requested family member or other
representative in the planning and review of consumer satisfaction with the
delivery of case management provided by the CDDP.
(b) Copies of the procedures for planning and
review of case management services, consumer satisfaction, and complaints must
be maintained on file at the CDDP offices. The procedures must be available to
all of the following:
(A) CDDP employees who
work with individuals.
(B)
Individuals who are receiving services from the CDDP and the families of
individuals.
(C) Legal or
designated representatives (as applicable) and providers of
individuals.
(D) The
Department.
Notes
Statutory/Other Authority: ORS 409.050, 427.104, 427.105, 427.115, 427.154, 430.662 & 430.731
Statutes/Other Implemented: ORS 409.010, 427.005-427.154, 430.215, 430.610, 430.620, 430.662, 430.664 & 430.731-430.768
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